Supreme Court · 2009 INSC 46 · Decided 20 January 2009

Jai Singh & ORS. v. Gurmej Singh

Court
Supreme Court of India
Citation
2009 INSC 46 · [2009] 1 S.C.R. 413
Case number
CIVIL APPEAL No. 321/2009
Decided
20 January 2009
Bench
ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 100

Headnote

Punjab Pre-emption Act, 1913- s.15(1)(b)- Pre-emption - Sale of specific portion of land out of joint holding by one c of the co-owners-vendor to vendee, if pre-empitible - Held: Is pre-emptible uls. 15(1 )(b) - It is a sale of a share out of the joint holding - Co-sharer puts vendee into his right as a co-sharer in the said land and right to remain in the exclusive possession D -j till joint holding is partitioned amongst all co-sharers. Sale - Joint property- lnter-se rights and liabilities of co- sharers - Governing principles - Explained. The question which arose for

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